Tow Company Must Pay Benefits for Driver's Fatal Accident Since Driver Qualified as Employee

The Commonwealth Court of Pennsylvania ruled that a tow company operator was liable for the payment of death benefits to the family of a tow truck driver because he was an employee and not an independent contractor. Case: Berkebile Towing and Recovery v. WCAB (Harr), No. 220 C.D. 2020, 05/10/2021, published. Facts: James Harr worked for Berkebile Towing and Recovery as a tow truck driver. He died in December 2016 when he was pinned between two vehicles. Procedural history: Harr’s fiancée filed a fatal claim petition with the Uninsured Employers Guaranty Fund, seeking benefits b...